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Grable v. State

Court of Appeals of Texas, Fourteenth District, Houston
May 8, 2008
No. 14-08-00071-CR (Tex. App. May. 8, 2008)

Opinion

No. 14-08-00071-CR

Memorandum Opinion filed May 8, 2008. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).

On Appeal from the 232nd District Court Harris County, Texas, Trial Court Cause No. 764,539.

Panel consists of Justices YATES, ANDERSON, and BROWN.


MEMORANDUM OPINION


This is an attempted appeal from the denial of appellant's "Motion for Order Nunc Pro Tunc Judgment Amendment." Generally, an appellate court only has jurisdiction to consider an appeal by a criminal defendant where there has been a final judgment of conviction. Workman v. State, 170 Tex. Crim. 621, 343 S.W.2d 446, 447 (1961); McKown v. State, 915 S.W.2d 160, 161 (Tex.App.CFort Worth 1996, no pet.). The exceptions include: (1) certain appeals while on deferred adjudication community supervision, Kirk v. State, 942 S.W.2d 624, 625 (Tex.Crim.App. 1997); (2) appeals from the denial of a motion to reduce bond, TEX. R. APP. P. 31.1; McKown, 915 S.W.2d at 161; and (3) certain appeals from the denial of habeas corpus relief, Wright v. State, 969 S.W.2d 588, 589 (Tex.App.CDallas 1998, no pet.); McKown, 915 S.W.2d at 161. The denial of a motion for a nunc pro tunc judgment is not an appealable order. Everett v. State, 82 S.W.3d 735, 735 (Tex.App.BWaco 2002, pet dism'd); Bridwell v. State, 2007 WL 3391469 at *1 (Tex. App-Beaumont Nov. 14, 2007, no pet). Because this appeal does not fall within the exceptions to the general rule that appeal may be taken only from a final judgment of conviction, we have no jurisdiction. Accordingly, the appeal is ordered dismissed.


Summaries of

Grable v. State

Court of Appeals of Texas, Fourteenth District, Houston
May 8, 2008
No. 14-08-00071-CR (Tex. App. May. 8, 2008)
Case details for

Grable v. State

Case Details

Full title:CHARLES LEE GRABLE, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: May 8, 2008

Citations

No. 14-08-00071-CR (Tex. App. May. 8, 2008)